The judge went on to reiterate that bail is a rule and jail is an exception. Bail cannot be rejected for punitive purposes, the Court added. It was further noted that Javed had been in jail since June 2022. The Court proceeded to order that Javed be released on bail, after adding that it did not appear that he had been instrumental to causing the violence. In this regard, the order stated:
“Bail is a rule and jail is an exception and bail can not be rejected for punitive purposes. Although, it appears that due to the aggression and activeness of the applicant, people of his community gathered in large number and thereafter mob committed the violence but considering the fact that applicant does not appear to be instrumental for such violence and he is in jail, in the present matter, since 10.6.2022 and number of similarly placed accused persons have already been enlarged on bail.”
Source: Barandbench
